Reserving Rights
Very often a contractor does not know the real cause for claim until some time
after the events that have given rise to the situation. A typical case involves
the accumulated impact of a series of changes, each of which may appear minor,
but collectively have a disrupting effect out of all proportion to the work involved.
Other changes may give rise to a re-scheduling of work, with consequent loss
of productivity. Often, these impacts are difficult to determine until some
time later.
Notwithstanding, the prudent contractor will be constantly vigilant for the
types of situations described, and will give the earliest possible warning to
the owner, of his intent to claim and the anticipated grounds for doing so.
In this way, under most contracts, the contractor is able to preserve his rights
to claim until such time as the necessary information can be collected and appropriate
analyses conducted.
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